SENATE MEMORIAL 13

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Leo Jaramillo and Antonio Maestas

 

 

 

 

 

A MEMORIAL

REQUESTING THE GUADALUPE HIDALGO TREATY DIVISION OF THE DEPARTMENT OF JUSTICE AND THE LAND GRANT COUNCIL TO STUDY THE POTENTIAL CONSEQUENCES OF RESTRUCTURING THE LAS VEGAS LAND GRANT.

 

     WHEREAS, the Las Vegas land grant is uniquely situated as the only land grant in the state that is managed, controlled and administered by a district court; and

     WHEREAS, ownership of the land comprising the Las Vegas land grant was disputed after the land was conveyed to several different grantees by the Mexican government between 1821 and 1835, resulting in several competing claims for this land before United States occupation; and

     WHEREAS, after occupation by the United States government in 1846, individuals outside of the land grant entered the land, recognized the ambiguity of its legal ownership and pursued various court actions that resulted in the Las Vegas land grant being managed by the district court of San Miguel county, as opposed to heirs or occupants of the land grant; and

     WHEREAS, many argue that these conditions stripped land grant members, heirs and occupants of the Las Vegas land grant of the ability to self-govern and participate in the democratic process; and

     WHEREAS, the provisions directing the district court of San Miguel county to manage and appoint the board of trustees for the Las Vegas land grant were enacted in 1903 and are currently codified in Chapter 49, Article 6 NMSA 1978; and

     WHEREAS, these provisions vest jurisdiction with the district court of San Miguel county to manage, control and administer the Las Vegas land grant and direct the court to appoint the board of trustees, oversee the board and promulgate rules for the board to manage the land grant and conduct business; and

     WHEREAS, despite these legal requirements, the fourth judicial district court, the court that currently occupies this role, has expressed confusion in this role due to its peculiar nature and lack of guidance as to how to perform these duties; and

     WHEREAS, the fourth judicial district court and Las Vegas land grant members agree that this form of governance should be altered; however, given the historically fraught nature of this situation, further study is needed to evaluate and consider the potential consequences that could result from making these changes to New Mexico law;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the Guadalupe Hidalgo treaty division of the department of justice and the land grant council be requested to study the potential consequences that could ensue from changes to Chapter 49, Article 6 NMSA 1978 divesting management and appointment authority from the fourth judicial district court and restructuring the governance of the Las Vegas land grant; and

     BE IT FURTHER RESOLVED that the department of justice and the land grant council be requested to report findings and conclusions responsive to this request to the appropriate legislative committees that address issues impacting land grants and rural communities by December 1, 2026; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the director of the Guadalupe Hidalgo treaty division of the department of justice, the chair of the land grant council, the president of the board of trustees of the Las Vegas land grant and the chief judge of the fourth judicial district court.

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